Xiino 3.4E Manual
7.2 THIS SOFTWARE DOES NOT HOLD DURABILITY AGAINST PHYSICAL INCIDENTS OR MECHANICAL FAILURE
AND IS NOT INTENDED FOR USE IN HIGHLY STABLE AND SECURE ENVIRONMENTS. MOBIRUS OR VENDOR
DOES NOT WARRANT THAT; SOFTWARE WILL MEET EACH USER'S REQUIREMENTS; SOFTWARE INSTALLED
ON PDA WILL WORK COMPLETELY WITH OTHER INSTALLED SOFTWARE ON SUCH PDA; OPERATION OF
SOFTWARE WILL BE UNINTERRUPTED; DURING CONNECTION WITH THE INTERNET OR OTHER NETWORKS,
SOFTWARE WILL BE ERROR-FREE AND WILL NOT DAMAGE HARDWARE, SOFTWARE, AND DATA CONNECTED
WITH SUCH NETWORKS; OR SOFTWARE WILL NOT EFFECT YOUR OR THIRD PARTY'S ELECTRONIC
INFORMATION IN ANY WAY.
7.3 IN NO EVENT SHALL MOBIRUS NOR VENDOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/DATA, OR ANY OTHER PECUNIARY LOSS
ARISING OUT OF THE DISTRIBUTION, INSTALLATION, MAINTENANCE, USE OR INABILITY TO USE INCLUDING
THE INTERRUPTION OF SOFTWARE IMPLEMENTATION RELATED TO THIS AGREEMENT. IN NO EVENT SHALL
MOBIRUS'S NOR VENDOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT OF LICENSE FEE PAID BY YOU FOR
THE SOFTWARE, PROVIDED THAT SUCH LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IF THE DAMAGES,
LOSSES OR CAUSES OF ACTION WHICH ARE CAUSED BY INTENTIONAL ACT OR GROSS NEGLIGENCE OF
MOBIRUS OR VENDOR.
7.4 MOBIRUS or Web site may provide you some additional free services including information transmission service
through MOBIRUS the server managed by MOBIRUS or Web site. IN THIS CASE, MOBIRUS AND/OR WEB SITE
SHALL NOT WARRANT ANYTHING RELATED TO SUCH SERVICES AND SHALL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR LOSS OF PROFITS, CAUSED BY OR
RELATED TO THE SERVICES, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT CAUSED BY INTENTIONAL
ACT OR GROSS NEGLIGENCE OF MOBIRUS OR WEB SITE.
8. LIMITED WARRANTY DURING TRIAL USE TERM
MOBIRUS's warranty and liability during the trial use term of the Software shall be as follows:
8.1 User support by MOBIRUS shall not be available.
8.2 MOBIRUS SHALL NOT WARRANT ANYTHING RELATED TO THE SOFTWARE, WHETHER EXPRESS OR
IMPLIED.
8.3 IN NO EVENT SHALL MOBIRUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES OR DAMAGES FOR LOSS OF BUSINESS PROFITS ARISING OUT OF THE DISTRIBUTION,
INSTALLATION, MAINTENANCE, USE OR INABILITY TO USE INCLUDING INTERRUPTION OF SOFTWARE
IMPLEMENTATION OR RELATED TO THIS AGREEMENT, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT
CAUSED BY INTENTIONAL ACT OR GROSS NEGLIGENCE OF MOBIRUS.
8.4 MOBIRUS or Web site may provide you some additional free services including information transmission service
through the MOBIRUS server managed by MOBIRUS or WEB Site. IN THIS CASE, MOBIRUS AND/OR WEB SITE
SHALL NOT WARRANT ANYTHING RELATED TO SUCH SERVICES AND SHALL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR LOSS OF BUSINESS PROFIT CAUSED BY
OR RELATED TO THE SERVICES, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT CAUSED BY
INTENTIONAL ACT OR GROSS NEGLIGENCE OF MOBIRUS OR WEB SITE.
9. TERMINATION OF LICENSE
9.1 This Agreement and your rights hereunder shall automatically terminate if and when you 1) fail to comply with any
provision of this Agreement, 2) transfer the right to use Software to a third party according to this Agreement, or 3) destroy
Software and all its copies and related documentation.
Upon termination, you shall cease any and all use of Software and destroy all copies including written documentation and
modified copies, if any.
9.2 MOBIRUS may provide you free upgrade version of the Software (miner change version having the same integer
version number as the original version) subject to your registration to MOBIRUS. In this case your license on the old
version of the Software will terminate at the time when you agree END USER LICENSE AGREEMENT for upgrade
version by way of acquiring and commencing the use of it. After that you shall not use or transfer the old version and you
shall destroy any and all old version and its manual.
10. RIGHTS AGAINST INFRINGEMENT
In the event you are reasonably assumed to have infringed any provision under this Agreement, MOBIRUS shall reserve
the right to 1) make an on-site-search of the premises, where you are reasonably assumed to hold any media or copies of
Software, to find any facts related to the infringement, and 2) browse, make copies and/or take photos of the related
materials.
On finding the fact of your infringement, MOBIRUS shall have the right to prohibit your use of Software and claim the
indemnity for any direct or indirect damages incurred by the infringement.
MOBIRUS shall not be liable for any property or psychological damages to you resulting from the search, even if your
infringement is not found.
11. GOVERNING LAW AND PRIMARY COURT
This Agreement shall be governed and construed in accordance with Japanese laws. MOBIRUS and you submit to the
non-exclusive jurisdiction of the Tokyo District Court in Japan with respect to all dispute arising from the interpretation and
performance of this Agreement, wherever the parties' venues or places of disputes are located and regardless to the
amount in dispute. Each party hereby agrees to waive its right to demand a jury trial for any cause of action.
Xiino 3.4E User’s Manual ver.1.0.0
© 2005 MOBIRUS, Inc.
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Содержание Xiino 3.4E
Страница 1: ...Xiino 3 4E User s Manual...
